Martin and Harris (No 2)
Case
•
[2009] FamCA 908
•16 September 2009
Details
AGLC
Case
Decision Date
Martin and Harris (No 2) [2009] FamCA 908
[2009] FamCA 908
16 September 2009
CaseChat Overview and Summary
In *Martin and Harris (No 2)*, Justice Fowler considered an application to vary previous orders made on 18 June 2009. The specific nature of the dispute between the parties, Martin and Harris, is not detailed in the provided text, beyond the fact that it involved a costs application by the wife.
The primary legal issue before the court was the variation of an existing order concerning timeframes. Specifically, the court was asked to determine whether to alter the period of "28 days" stipulated in Order 7 of the previous orders. The court also had to consider the timing of the variation and the procedural steps for the respondents to the wife's costs application.
Justice Fowler varied Order 7 by replacing "28 days" with "29 days", with this variation to take effect from 18 June 2009. The court also granted the respondents to the wife's costs application an additional 28 days from the date of this decision to file any submissions or affidavits in opposition. The costs of this particular application were reserved to the hearing of the wife's application for costs, and the matter was listed for further mention on 15 October 2009.
The primary legal issue before the court was the variation of an existing order concerning timeframes. Specifically, the court was asked to determine whether to alter the period of "28 days" stipulated in Order 7 of the previous orders. The court also had to consider the timing of the variation and the procedural steps for the respondents to the wife's costs application.
Justice Fowler varied Order 7 by replacing "28 days" with "29 days", with this variation to take effect from 18 June 2009. The court also granted the respondents to the wife's costs application an additional 28 days from the date of this decision to file any submissions or affidavits in opposition. The costs of this particular application were reserved to the hearing of the wife's application for costs, and the matter was listed for further mention on 15 October 2009.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Costs
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Appeal
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Remedies
Actions
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Most Recent Citation
WHITE & WHITE [2014] FamCAFC 213
Cases Cited
6
Statutory Material Cited
2
JKB Holdings Pty Ltd v de la Vega
[2013] NSWSC 501
O'Donnell v S Abbott; O'Donnell v D a Abbott
[2001] NSWCA 184
O'Donnell v S Abbott; O'Donnell v D a Abbott
[2001] NSWCA 184